MUR #5359

RESPONDENTS: Paul Williams for Congress; Combs, Walter E.; Mundy, Michael J.; Paul Williams Campaign; Williams, Paul

COMPLAINANT: Audit Division

SUBJECT: Disbursements; Other; Personal use; Reporting

DISPOSITION: The Commission decided by a vote of 5-0 to take the following actions in MUR 5359: 1. Accept the conciliation agreement with Paul Williams for Congress and Michael Mundy, in his official capacity as treasurer, and Paul Williams, as recommended in the General Counsel?s Report #3 dated February 10, 2005. 2. Accept the conciliation agreement with Paul Williams Campaign and Walter E. Combs, in his official capacity as treasurer, as recommended in the General Counsel?s Report dated February 10, 2005. 3. Close the file. 4. Approve the appropriate letters.
The Commission decided by a vote of 6-0 to take the following actions in MUR 5359 and Audit Referral #04-03: 1. Reject Respondents? counteroffer to the Commission?s opening conciliation offer. 2. Approve the conciliation agreement for Paul Williams for Congress and Michael Mundy, in his official capacity as treasurer, and Paul Williams, as recommended in the General Counsel?s Report #2 dated December 28, 2004. 3. Open a MUR with respect to Audit Referral 04-03 and merge it into MUR 5359. 4. Find reason to believe that Paul Williams Campaign and Walter E.Combs, in his official capacity as treasurer, violated 2 U.S.C.§ 432(h)(2) and 11 C.F.R. § 102.11. 5. Approve the appropriate Factual and Legal Analysis for Paul Williams Campaign and Walter E. Combs, in his official capacity as treasurer. 6. Enter into conciliation with Paul Williams Campaign and Walter E.Combs, in his official capacity as treasurer, prior to a finding of probable cause to believe. 7. Approve the conciliation agreement for Paul Williams Campaign and Walter E. Combs, in his official capacity as treasurer, as recommended in the General Counsel?s Report #2 datedDecember 28, 2004. 8. Approve the appropriate letters, as recommended in the General Counsel?s Report #2 dated December 28, 2004.
Decided by vote 4-2 to 1. Open a MUR. 2. Find RTB that Paul Williams for Congress and Michael Mundy, as treasurer, failed to maintain records in violation of 2 U.S.C. 432(d) and 11 CFR 104.14(b)(1)-(3) and 102.9(c), subject to the appropriate revisions to the statutory and regulatory citations pursuant to the meeting discussion. 3. Find RTB that Paul Williams for Congress and Michael Mundy, as treasurer, failed to disclose contributions and exercise best efforts to obtain contributor information in violation of 2 U.S.C. 434(b)(3)(A) and 11 CFR 104.3(a)(4) and 104.7(a)-(b). 4. Find RTB that Paul Williams for Congress and Michael Mundy, as treasurer, failed to disclose and continually report outstanding debts and obligations in violation of 2 U.S.C. 434(b)(8) and 11 CFR 104.3 and 104.11. 5. Find RTB that Paul Williams for Congress and Michael Mundy, as treasurer, failed to disclose operating expenditures in violation of 2 U.S.C. 434(b)(5)(A); and failed to keep records, and failed to report and itemize disbursements in violation of 2 U.S.C. 432(i) and 11 CFR 102.10 and 104.3(b)(4). 6. Find RTB that Paul Williams for Congress and Michael Mundy, as treasurer, made excess cash disbursements in violation of 2 U.S.C. 432(h) and 11 CFR 102.11. 7. Find RTB that Paul Williams and Paul Williams for Congress and Michael Mundy, as treasurer, used campaign funds for personal use in violation of 2 U.S.C. 439(a) and 11 CFR 113.1(g). 8. Find RTB that Paul Williams for Congress and Michael Mundy, as treasurer, misstated financial activity in violation of 2 U.S.C. 434(b)(1), 434(b)(2) and 434(b)(4). 9. Find RTB that Paul Williams for Congress and Michael Mundy, as treasurer, failed to deposit receipts into campaign depositories, made disbursements from unregistered campaign depositories, and failed to properly report campaign depositories in violation of 2 U.S.C. 432(h) and 11 CFR 103.1 and 103.3(a). 10. Approve the appropriate Factual and Legal Analysis, subject to revisions pursuant to the meeting discussion. 11. Enter into conciliation with Paul Williams and Paul Williams for Congress prior to a finding of probable cause to believe. 12. Approve the appropriate Conciliation Agreement..............REDACTED................13. Approve the appropriate letter.